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2016, 10-11 Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, October 11,2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Ski Rod Higgins,Mayor Mark Calhoun, Acting City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Caleb Collier, Councilmember Mike Stone, Parks&Rec Director Pam Haley,Councilmember Erik Lamb, Deputy City Attorney Mike Munch, Councilmember Chelsie Taylor,Finance Director Ed Pace, Councilmember Eric Guth,Public Works Director Sam Wood, Councilmember John Holtman, Comm & Eco. Dev. Director Mark Werner, Police Chief Kristopher Morton, Legal Intern Christine Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole of the Living Hope Community Church gave the invocation. PLEDGE OF ALLEGIANCE Scouts from Troop 464 led Council, stair and the audience in the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Deputy Mayor Woodard: reported that he attended several Chamber of Commerce meetings, including a Transportation Committee meeting with some people from the Department of Transportation in attendance; and said it appears likely that the North/South Freeway will exit onto 1-90. There were no other Council reports. MAYOR'S REPORT Mayor Higgins reported that he attended the GSI (Greater Spokane, Inc.) annual meeting, and the Clean Air Board Meeting. PROCLAMATION ttla PUBLIC COMMENTS: Mayor Higgins explained the process,then invited public comment. Ms.Laura Reitz, Spokane: said she is part of the service dog community and uses a service dog; said there are a lot of fake service dogs in the community, and perhaps it is time to get some regulations; said having a service dog is expensive and time-consuming,and they are actually trained to keep their handler safe; but when the dog comes in contact with a fake service dog which rushes the service dog, it distracts them and is very dangerous; said people bring pets in stores which makes the service dogs unsafe; said store owners can ask if the clog a service animal required because of a disability,and what work has the dog been trained to perform; but said many store owners are reluctant to ask questions for fear of embarrassing or offending Minutes Regular Council Meeting: 10-11-20I6 Page 1 of 4 Approved by Council: 10-25-2016 the dog owner; she said stores have an obligation to keep customers safe; and said she would be happy to help with some kind of regulation. Ms. Marilyn Wallace: said she came here a week ago for a Planning Commission meeting and the room was packed,as was the hallway; said she wasn't involved in the community"under fire"for a zone change, but she listened and people said they were highly disappointed that they did not receive notices about this zone change, and that one of the neighbors found out and told the others; and she asked that Council please not change the zone. Ms. Peggy Doering, Valleyfest Executive Director: she extended thanks to Council for the assistance in bringing Valleyfest to over 30,000 people this year; she thanked Council, the City, Parks and Recreation, and the agencies and staff in producing this community celebration and also extended thanks to the Police and Fire Departments for their presence at the festival as well as the parade. 1.PUBLIC HEARING: 2017 Proposed Budget—Chelsie Taylor Mayor Higgins opened the public hearing at 6:18 p.m. Finance Director Taylor gave an overview of the proposed budget for 2017, including a summary of the appropriations, number of full-time equivalent employees,revenues estimates pertaining to the general fund,and nonrecurring revenues and expenditures. Mayor Higgins invited public comment; no comments were offered and Mayor Higgins closed the public hearing at 6:26 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a. Approval of claim vouchers on Oct. 11,2016 Request for Council Action Form Totaling: $315,290.32 b.Approval of Payroll for Pay Period Ending September 30, 2016; $411,713.12 c. Approval of September 13,2016 Council Minutes, Regular Formal Meeting d. Approval of September 21, 2016 Council Minutes, Special Study Session Meeting e.Approval of September 27,2016 Council Minutes, Special Meeting f. Approval of September 27, 2016 Council Minutes, Regular Formal Meeting It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3.First Reading Proposed Ordinance 16-014 Aggressive Solicitation—Erik Lamb,Kristopher Morton After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 16-014, updating the City's prohibition on aggressive solicitation, to a second reading. Deputy City Attorney Erik Lamb introduced Legal Intern Kristopher Morton. Mr. Morton explained that the Spokane Valley Municipal Code 8.25.020 regulates "aggressive begging," or panhandling; but in light of a recent Washington Supreme Court case in which the court struck down a "begging"ordinance as an unconstitutional restriction on First Amendment protected speech,our Code may not be enforceable because it does not regulate aggressive solicitation generally, but rather regulates aggressive begging for a particular purpose, such as for money or goods. Mr. Morton explained that in the City of Lakewood v. Willis, Lakewood's ordinance prohibited begging in several public locations,and after a challenge by a defendant cited under that ordinance, the court found the ordinance unconstitutional because it imposed content-based speech restrictions, and the defendant's conviction was overturned; and consequently, our Code would most likely not comply with the Washington Supreme Court's decision in that City of Lakewood case. Therefore, Mr. Morton explained, staff proposes to amend our code by prohibiting aggressive solicitation of any kind in any public place in the City, by adding definitions for "aggressive solicitation" and "solicit" that are not content based; and lie noted that the changes conform with the provisions in SVMC 8.25.025 which regulates solicitation from occupants of any vehicle when the solicitor is physically present within, or subsequently enters a prohibited roadway. Minutes Regular Council Meeting: 10-11-2016 Page 2 of 4 Approved by Council: 10-25-2016 There was Council discussion about some of the verbiage,including comment from Councilmember Collier that the term"intimidate" can be subjective, and he also asked for perhaps a greater definition of the term aggressive. Deputy City Attorney Lamb said staff could look at adding a "reasonable person standard" clause,and stated that that we want to keep the definition clear. Mayor Higgins invited public comment; no comments were offered. Councilmember Munch stated that the right of petition is granted to citizens in the Bill of Rights, and suggested striking that word from the ordinance, suggesting it could"creep"into something more; and said with the word petition in the ordinance, he would not support the amendment. City Attorney Driskell explained that this change does not deal with a citizen's right to petition which is protected by the First Amendment, but the change does address protecting a citizen's right not to be subjected to aggressive behavior; he said this addresses the behavior of people who could badger or bother others aggressively or by intimidation. Vote by Acclamation: hi Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Pace and Haley. Opposed: Councilmembers Wood, Munch and Collier. Motion carried. 4.First Reading Proposed Ordinance 16-015 Property Tax—Chelsie Taylor After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 16-015 levying regular properly taxes for 2017, to a second reading. Finance Director Taylor explained that passage of this ordinance is required by law in order to levy 2017 property taxes; that our levy rate will not include the 1% increase allowed by State law, but will include property taxes on new construction. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5.Motion Consideration: Ecology Storimvater Grants FY 2018—Eric Guth It was moved by Deputy Mayor Woodard and seconded to authorize the Acting City Manager to apply,for the FY18 StorumN'ater Water Quality Financial Assistance grant program for the (1) Spokane County Regional Decant Facility Canopy, the (2)Appleway improvements, Farr to University and(3) Diversion projects on Havana, Ponderosa, Dis/unan-Mica, 141i1r and 8th. Mr. Guth briefly explained about the grant program, and said staff recommends applying for the grant for the projects mentioned in the motion, and contained in the Request for Council Action form. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In favor: Unanimous. Opposed:None. Motion carried 6.Motion Consideration: Wa.Dept. of Commerce,Permitting Grant Opportunity—John Hohman It was moved by Deputy Mayor Woodard and seconded to authorize staff to prepare and submit a 2016 Environmental Permitting Grant application for up to $200,000 to fund a Planned Action Ordinance for the northeast industrial area. Mr. Hellman noted that the City is well positioned to meet the grant criteria for the industrial area in the northeast portion of the City, and if awarded, the fund should allow the City to analyze those specific areas in order to position us to provide clear predicable permit requirements and to advance economic objectives and support economic growth; said the consultant will do the majority of the legwork but staff will be involved in preparing the environmental impact statement and planned action ordnance; said staff's approximate $55,000 involvement would be about 24% of the overall effort, and he hoped using that as matching funds would make us very competitive.Councilmember Munch said he would like property owners to be involved and share in some of the cost in the future. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In favor Unanimous. Opposed:None. Motion carried PUBLIC COMMENTS: Mayor Higgins invited public comments. Ms.Nina Fingal, Spokane Valley:said her grandson is part of a karate class involved in an open tournament in February to be held at the Spokane Community College, and they are looking for businesses to become sponsors in the event;said business can sponsor from$400 down to$50;that the sponsorship would include Minutes Regular Council Meeting: 10-11-2016 Page 3 of 4 Approved by Council: 10-25-2016 full advertising,and the trophies would carry the sponsor's name,and anyone interested in being a sponsor, should please contact her at 926-4387. Mr. Steve O'Meara, Spokane Valley: he spoke of the accidents that have occurred on 8' and McDonald, said the City Manager was supposed to get back to him but he never got a call; said the road was closed for two months and now that all the work is done, it has created a raceway; said there have already been three accidents, said he is furious as the City messed up on this huge opportunity, and that a four-way stop sign is a cheap remedy. Mr. Calhoun remarked that our Public Works staff will be giving an administrative report at next week's Council meeting on potential solutions for this area;said some of the remedies already applied include clearing away the vegetation blocking signs, putting up reflective tape on both posts, as well as reflection striping on the street;and that next week's report will include possible remedies including a signalized intersection,as well as a recommendation from the Public Works Department. Ms. Laura Patten: concerning that intersection, said she is happy to hear of some of the proposals; that it seems people are going faster with the improved roadway; said there are schools in the area, that some of the teenager drivers have even blown right through the stop sign, and said she is concerned with the possibility of loss of property and life. ADMINISTRATIVE REPORTS: 7.Advance Agenda—Mayor Higgins Mayor Higgins said he made an arrangement with KXLY radio, much like the City of Spokane has, for a member of Council to discuss on the radio,the previous night's meeting;that these radio spots would occur after a formal meeting,and he asked if Council is interested in participating, to please let him know and he will work on a schedule. CITY MANAGER COMMENTS: Mr. Calhoun Mr. Calhoun said staff has been working hard to set a date for a legislative agenda meeting with Council, the 4't'District Legislators,some staff,and Lobbyist Brialma Murray,and the meeting is now scheduled for Tuesday,November 22, from 3:30 to 5 p.m. in City Hall's second floor conference room. It was moved by Deputy Mayor Woodard, seconded, and unanimously agreed to adjourn. The meeting adjourned at 7:10 p.m. 4,g__ ___ _ ter _. . ATT L.R.Higgins. ay4 hristine Bainbridge, City Clerk Minutes Regular Council Meeting: 10-11-2016 Page 4 of 4 Approved by Council: 10-25-2016 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, October 11, 2016 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT Please note that once information is entered on this film, it becomes a public record subject to public disclosure. !GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, October 11, 2016 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT I n - { �r 1 r Please note that once wfinination is entered on this firm, it becomes a public record subject to public disclosure.